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Poster: jonc Date: Jul 3, 2009 7:08pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970)

McLintock is public domain in the US AFAIK, but realize that copyright laws vary from country to country and you might check other sources to verify its status in South Africa.

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Poster: rdb1211 Date: Jul 6, 2009 2:13pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970)

I've checked a few sources & everyone seems to agree that the Film (McLintock!) is definitely PD...

As I understand it, if a Film is PD then:
"the Work may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any purpose, commercial or non-commercial, and in any way, including by methods that have not yet been invented or conceived."

Like I said earlier... We would like to 'Re-Edit'/'Re-Dub' it & 'Shoot/Insert' additional Scenes to make a totally New Movie (Similar to "Kung-Pow" & "Hercules Returns").

One of the PD Film Distributors I've Contacted is concerned that although the Film is PD... the 'John Wayne Estate' might have a problem with me using the Film. Do they have any Valid/Legal grounds to sue me?
Don't want to spend a few months crafting a Film... only to have the Film not be Released because of Legal Issues!

What do you guys think..?
(PS - Sorry for the long post:-)

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jul 14, 2009 11:31pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970)

Technically there are no postmortem publicity rights for John Wayne because he died before PM publicity rights came into force in the 1980s in a non-retroactive legislation in California. Even so, "McLintock" is a PD film that has caused problems for many PD content users. Batjac Productions started suits against companies who released "McLintock" about a year after they 'accidently' let the copyright lapse.
Genrally, the cases to go to decision, MALJACK PRODUCTIONS, INC. v. GOODTIMES HOME VIDEO CORP and so on, have found that it is legal to use the complete film as it was originally released, there are elements of the musical score that are still copyright protected. When you are using the complete film, the lapsed motion picture copyright includes the master and synchronisation rights to the music and a generic BMI or ASCAP (collection agency) style licence covers the mechanical rights in markets were they are necessary.
Editing parts of the film into an new film, without lifting the score music could require negotiating a new sychronisation licence with The EMI-United Catalogue Partnership, the publisher of the composer copyrights. This could be expensive.
I would suggest lifting and replacing the music or finding another film.

This post was modified by Video-Cellar on 2009-07-15 06:31:54

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Poster: Fact_Checker Date: Jul 14, 2009 5:23pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

Contrary to the claim that just one lawsuit concerning the copyright status of "McLintock!" led to a decision, I know of three:

Maljack Productions, Inc. v. GoodTimes Home Video Corp.

Batjac Productions Inc. v. GoodTimes Home Video Corp.; Marybeth Peters, Register of Copyrights

Maljack Productions, Inc., and Batjac Productions, Inc., v. UAV Corp.

Read summaries here:

http://chart.copyrightdata.com/c10B.html#s014

http://chart.copyrightdata.com/c04A.html#s010

http://chart.copyrightdata.com/c10E.html#s011

http://chart.copyrightdata.com/c15A.html#s012

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jul 14, 2009 11:59pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

The first two cases you list are very much related to the case I cited. The case I cited was an appeal in regard to the first case you listed. The second case you listed was further action after the appeal. And the action against UAV was a seperate issue dealing with whether panning and scanning a widescreen film is a copyright protected derivative work. Original post has been changed to reflect that there were more cases.

This post was modified by Video-Cellar on 2009-07-15 06:59:08

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Poster: Fact_Checker Date: Jul 17, 2009 4:36am
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

Just so it doesn't seem I'm saying that the three cases I cite above are the only ones, I do recall that there was yet another case, one involving music rights on "McLintock!" I don't have the citation at hand (I'm sure I have it on a hard disk somewhere). As I recall, the outcome was as should be expected: the lapse of copyright on the feature film was not affected, with the film itself remaining in the public domain. Any separate copyright on the music which was removed continues to be enforceable.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jul 17, 2009 8:07am
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

The 9th circuit appeal rested on the issue of music rights and comon law trademarks. MPI argued that McLintock! was a common law mark and that the 1962 agreement between Batjac and UA granted Batjac exclusive synchronization rights to the musical compositions.

The court affirmed that the exclusive synchronization rights and the copyright in the sound recordings included in the film had expired with the motion picture copyright and Goodtimes was free to engage with EMI, the musical rights owner, to licence the compositions.

As I was trying to explain in my first post, the musical copyright does not preclude the film from the public domain, as such. Any person/entity is free to use the film provided they either remove the musical score or seek the appropriate licence to use the original compositions. I linked to the appeal because it was the most appropriate case I could find regarding the issue in question.

This post was modified by Video-Cellar on 2009-07-17 15:07:52

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Poster: rdb1211 Date: Jul 7, 2009 4:19am
Forum: feature_films Subject: Re: They Call Me Trinity (1970)

Wow... thanks so much for the information!
It seem the Issues that a few people have mentioned are:
1. Publicity
2. Music/Score

So.. from our side:
We are not going to use any elements of the Music/Score/Soundtrack. We are chucking away the 'Audio Track' all together. We are Dubbing in New, Foreign Language Dialogue, & Re-Scoring the Film with new Music. Along with new SFX & Foley (The Goal to make it over-the-top funny like a '1970s Kung-Fu' Film)

We also don't plan 2 use the John Wayne or any of the Characters in the Film for any Publicity/Marketing. They wont be mentioned or featured on the Posters/Trailers. The 'New Name' of the Film will be used for the Marketing.

We'll just be using the Footage... & then Altering it with VFX & SFX.

Thoughts..?

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Poster: Kevin VandeWettering Date: Jul 6, 2009 2:35pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970)

Trademark and personality rights cannot support a claim for materials that have entered the public domain... but yeah... your derivative use could be actionable.

http://www.publaw.com/rightpriv.html

Here's a publaw article.




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